Transactional law CLE on tap for next week

TennBarU and the TBA Young Lawyers Division present a six-hour transactional law primer next Friday, Dec. 8 at the Bar Center in Nashville. Designed specifically for non-litigating attorneys, the seminar will cover such issues as buying and selling a corporation, conflicts of interest, document retention and franchising. The session is open to lawyers of all ages and all practice levels. For more information, a roster of speakers and an online registration form, visit:

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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


Robert L. Huskey, Manchester, Tennessee, for the appellant, Paul H. Martin.

Jeffrey D. Ridner, Tullahoma, Tennessee, for the appellee, Billy W. Long.


This case is based on the existence of an oral contract. The trial court determined that there was insufficient proof on damages to allow the plaintiff any recovery. We remand the case for findings about the existence and terms of the alleged oral contract.


Court: TCCA


Larry Young and Susie Lodico, Chattanooga, Tennessee, for the appellant, Montgomery Hilton Garner, alias Montgomery Wells.

Robert E. Cooper, Jr., Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; James A. Woods, Jr. and Leslie Anne Longshore, Assistant District Attorneys General, for the appellee, State of Tennessee.


The defendant, Montgomery Hilton Garner, appeals by permission of the trial and appellate courts pursuant to Tennessee Rule of Appellate Procedure 9. The trial court granted a mistrial during the defendant's trial for attempted first degree murder and domestic aggravated assault. The defendant claims that double jeopardy bars his retrial. We hold that no manifest necessity existed for the mistrial and that double jeopardy bars retrial. We reverse the trial court and remand the case for dismissal of the charges.


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Read the Washington Post story
Learn more about new E-Discovery rules
TennBarU's Dec. 14 seminar in Nashville will fully discuss and explain these new amendments and detail the practical effects of the rules on the practice of law in state and federal courts.
Find out more or register today
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Spector touts corporate attorney-client privilege bill
Legislation aimed at protecting companies' attorney-client privilege will be introduced next week by Sen. Arlen Specter unless the Justice Department acts first, Congressional Quarterly reports. At issue is a Justice Department policy that requires companies to waive the attorney-client privilege and release the results of internal investigations in order to be viewed as cooperative and qualify for more lenient punishment. The TBA has lobbied the Tennessee delegation in support of changes to the policy.

Is more oversight needed for juvenile records?
The problem of releasing juvenile records at the Tennessee Bureau of Investigation is only a symptom of a much larger problem, the Nashville City Paper says in an editorial today. It calls for legislative leaders to review how all juvenile records are held and generated in Tennessee.
Read the full editorial

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